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Monetary satisfaction as a legal tool for the protection of personal rights in civil law
Marek, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This Master Thesis deals with institute of monetary satisfaction as a legal tool for the protection of personality under civil law. The aim of this thesis is to give a comprehensive explanation of the Institute of monetary satisfaction. This work uses descriptive and analytical method. The work is composed of six chapters; each chapter is dividend in several subchapters. The right of personality protection is a fundamental right of every individual that guarantees his or her dignified existence and free development in society. The Czech Republic provides a modern legal regime for the protection of personality since 1990, when the Civil Code has been amended. Protection of personality is regulated by the Civil Code in sections 11 to 16. In Section 13, the Civil Code expressly grants four types of civil tools for protection of personality - the right of retention, the right to restitution and the right to adequate satisfaction that can take either moral or material form. In serious cases of violations of personality rights, the monetary satisfaction is the only sufficient and therefore effective and fair remedy for the immaterial injury on personality of affected person that has been caused by the unlawful interference into his or her personality. The monetary satisfaction as a legal mean of the...
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Legal tools for the protection of personal rights of an individual in civil law
Vydržel, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis deals with legal tools for the protection of personal rights of an individual in civil law. The aim of diploma thesis is to show how important the protection of personal rights in our modern day society is, to analyse available instruments for the protection of general right to personality in civil law and to evaluate these instruments of protection as well as their ability to provide effective protection. The thesis is composed of Nine chapters in 78 pages of text. Chapter One deals with the introduction to the subject of the thesis and tries to capture the reader's focus, and also sets the theme of the thesis. Chapter Two explains the concept of general right to personality and its defining features along with its historical development. It is also focused on defining its place among other kinds of rights in our national legal system. The third chapter deals with legal guarantees of protection of personality on both the national and the international levels (based upon international treaties). It consists of three parts. The first part deals with constitutional law. Part Two describes international treaties which protect general right to personality. The third part deals with national statutes which define personality rights and legal instruments for their protection. Chapter Four is...
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Action for protection of personal rights due to bodily harm
Švéda, Martin ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The principal topic of this thesis is the issue of personal rights protection, specifically the protection of personal rights in connection with an occupational injury. My interest in the topic stems from the discrepancy between the statutory damages that may be awarded for non-pecuniary loss under the applicable provisions of Act 40/1964 Sb., Civil Code, as amended1 (Civil Code) and the damages customarily awarded by Czech courts, which often substantially overstep the boundaries prescribed by the legislature. The Czech courts frequently ascribe to the view, particularly in cases involving a non-pecuniary loss caused by occupational injuries (even where caused by negligence), that the statutory damages, that is damages stipulated by the Civil Code2 and by the implementing regulation, do not represent an adequate compensation; as a consequence, the courts in this jurisdiction tend to append to the statutory damages for a single injury or loss of health claim an additional compensation that derives its statutory justification from the provisions of law enacted with a completely different original intent. Unlike the purely theoretical treatises, this thesis incorporates an extensive case-study based on my comprehensive personal experience in this area that reveals some of the possible pitfalls of personal...
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Traditional and new legal concepts in the environment of internet network
Miroš, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The internet has become the biggest phenomenon of last two decades. In a significant manner it affects our society and changes its behaviour in private, commercial and public life. Through an easy connection with almost any part of the world our current society has become global indeed. Facilitation and significant acceleration of communication and transfer of relatively large amount of data bears many difficulties and risks. Therefore this thesis is focused on some aspects and corresponding legal concepts, including those, which are of entirely new nature because of the internet evolvement. The work is divided into four main parts according to areas they are related to. First one introduces general matters of the internet, its formation and fundamental issues of its structure, operation and legal consequences. Next part describes the internet from the scope of copyright and impacts on this legal concept. Legal implications of P2P networks, position of ISPs and statutory development in some countries whereof consequence is the limitation of fundamental human rights and freedoms in favour of higher efficiency in application of copyright protection is also subject of this chapter. Third part concerns entirely new instrument and concept - domain names. Though its legal nature is not defined and...
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The Human Organ Transplantation Act - moral and ethical problems of its application
Novotná, Kateřina ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Human Organ Transplantation Act - moral and ethical problems of its application This thesis deals with issues related to the applications of the Human Organ Transplantation Act. It is focused on the assessment of existing legislation regarding transplantation, the identification of problematical areas of transplantation law and the possibility of their correction. The thesis is divided into several parts. At the beginning it deals with the history and development of transplant medicine. It also contains a description of the current legislation and a brief summary of an international regulation. The main focus of the thesis is to analyze the deficiencies in Czech legislation and to emphasize the interdisciplinary nature of the transplant law. Finally, it analyzes the forthcoming amendment to The Human Organ Transplantation Act prepared by the Ministry of Health. The Human Organ Transplantation Act is a modern legislation respecting international commitments of the Czech Republic. Nature of the transplant legislation is given by its fundamental aspects the principle of presumed consent in connection with legally provided guarantee to respect disagreement expressed in accordance with law, the preference of a deceased donor prior to a living one, the principle of fairness in the allocation of...
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Selected court decisions in ethically problematic cases of czech journalism since 1989
Resler, Jan ; Moravec, Václav (advisor) ; Chaloupková, Helena (referee)
The thesis deals with ethical standards in journalism from the perspective of the law and with their practical application. The text explains the basic problems of normative influence on journalism and it is focused on case interpretation. The author has chosen relevant cases of failure of the Czech media after 1989 (e.g. Rejžek vs. Vondráčková, Horký vs. Reflex or the "Kuřim case") where the breach of the law occured and a judicial or administrative decision was given. The important facts of each case are presented and generally applicable points of the decisions are analysed. Afterwards, these points are summarized and related to other cases. The thesis is structured from the general definition of normative theories, ethical standards, legal provisions and their comparison to case analysis.
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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Protection of personality in media with respect to relevant case law
Kozic, Juraj ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
in English This final thesis deals with protection of personality against unauthorized infringement through media. This topic is highly up to date in the present information society. The aim of this thesis is to provide basic information about this problematic topic to the reader. The core of this thesis is constituted by definitions of two fundamental human rights, namely freedom of expression and right for protection of personality. They frequently conflict each other, so the main focus is placed on the process of finding the balance between these two. Special attention is dedicated to definitions of criteria that have to be taken into consideration by courts in order to find impartial and just decision in every individual case and thus determine the borderline between protection of personality and freedom of expression. Therefore, this thesis focuses on relevant case law of general courts, Constitutional Court and European Court of Human Rights. Another important part of this work is based on description of legal remedies, which Czech legal system provides to protect the personality of an aggrieved person against interference by media. Afterwards, the emphasis is given especially on the instruments of civil and media law. This final thesis consists of six chapters. The first chapter contains...
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Protection of personal rights in civil procedure
Bukovjanová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resume: This thesis deals with the general personality right of individuals and its civil law protection, proceedings in the first instance. Universal personal law as the law related to any natural person, is one of the fundamental human rights. As such, the imprescriptible right, not subject to the statute of limitations, irrevocable and inalienable. Protection of personal rights of individuals is therefore included nor in the Civil Code, as a basic private personal protection legislation, either in the constitutional order of the Czech Republic, especially in the Charter of Fundamental Rights and Freedoms, just as at regional and international protection of fundamental human rights and freedoms. Civil Code, calculated individual rights (permissions), resulting from the protection of individual personality, only indicative, so that into the right to protection of personal rights of individuals includes the right to life and health, the right to civic honor and human dignity, right to privacy, the right to name and the rights to the statements of a personal nature. The protection of personality is largely shaping with the decision-making practice of courts and other personality rights arise from their conclusions. The range of civil remedies is quite broad. In my work I focuse on the protection of...
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Results of libel in press in the relation to the relevant moral rights especially in the area of private law in the Czech Republic
Stonjeková, Lenka ; Benda, Josef (advisor) ; Connelly Kohutová, Radka (referee)
This graduation thesis, entitled "Results of libel in press in the relation to the relevant moral rights especially in the area of private law in the Czech Republic" examines press interference into relevant moral rights. The first chapter describes the historical foundations of personal rights protection, as well as their international and European connections. The second chapter discusses the power of media, and the means used for its maintenance and strengthening. In the third chapter, an outline of motivations for publication of news press, which balance between righteousness and libel. In the fourth chapter, an assessment of the clash between freedom of speech and protection of privacy, which are categories guaranteed in the Charter of Rights and Freedoms. The content of the fifth chapter is fundamental because it provides a thorough analysis of the law which governs personal rights, with a focus on the civil code, press law and procedural rules. The sixth chapter brings sight of rules established by autoregulation. It deals with self- censorship, the journalist's code of ethics, self-controlling authorities and so on. In the seventh chapter, the author examines the motivation behind submitting an accusation for the breach of personal rights. The motivation can be a real and legitimate defence...
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